DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kisu et al (Pat Num 2020/0091689, herein referred to as Kisu) in view of Kondo (Pub Num 2004/0026378) and Gundel et al (Pat Num 9,852,8208, herein referred to as Gundel). Kisu discloses a wiring member (Figs 1-4) for usage with an automobile (Paragraph 2), that improves workability when assembling the wiring member (Paragraph 24) thereby simplifying and shortening assembling of the wiring member (Paragraph 37). Specifically, with respect to claim 1, Kisu discloses a wiring member equipped adherend (Fig 1E) comprising an adherend (20) including an attached surface (top surface, Fig 2A), a first sheet (lower 12) overlapped with the attached surface (top surface), a second sheet (upper 12) overlapped with the first sheet (lower 12), a wire-like transmission member (11) located between the first sheet (lower 12) and the second sheet (upper 12), and an adhesive member (i.e. thermoplastic adhesive, not shown, Paragraph 48) bonding the first sheet (lower 12), the second sheet (upper 12), and the adherend (20), wherein the adhesive member (thermoplastic adhesive) includes a first layer part (13) provided between the first sheet (lower 12) and the attached surface (top surface of 20), a second layer part (located between the overlap of upper and lower 12) provided on an opposite side (upper side) of the first sheet (lower 12) from a side of the attached surface (top surface of 20), and a connection part (edges of lower and upper 12) connecting the first layer part (13) and the second layer part (located between the overlap of upper and lower 12). With respect to claim 2, Kish discloses that the second layer part (located between the overlap of upper and lower 12) is located between the first sheet (lower 12) and the second sheet (upper 12, Fig 2A). With respect to claim 6, Kish discloses that the adhesive member (thermoplastic adhesive) includes a first end portion (bottom end of 10, Fig 1D), and a second end portion (top end of 10, Fig 1D) along an extension direction of the wire-like transmission member (11), and the connection part (edges of lower and upper 12) continuously extends from the first end portion (bottom end of 10, Fig 1D) to the second end portion (top end of 10, as shown in Fig 2A) With respect to claim 9, Kish discloses that the wire-like transmission member (11) is fixed to any one of the first sheet (lower 12) and the second sheet (upper 12, Paragraph 48). With respect to claim 10, Kish discloses a method of manufacturing a wiring member-equipped adherend (Fig 1E), comprising overlapping an adhesive member sheet (i.e. thermoplastic adhesive, not shown, Paragraph 48), a first sheet (lower 12), a wire-like transmission member (11), and a second sheet (upper 12) in this order on an attached surface (top surface) of an adherend (20) and bending a part of the adhesive member sheet (i.e. layer of thermoplastic adhesive, Paragraphs 49-50, Figs 2A-2C) so that the part is overlapped to have contact with the second sheet (upper 12); and heating and softening the adhesive member sheet (i.e. layer of thermoplastic adhesive, Paragraphs 49-50) which has been bended to bond the adherend (20), the first sheet (lower 12), and the second sheet (upper 12) via the adhesive member sheet (i.e. layer of thermoplastic adhesive, Paragraphs 49-50).
While Kisu discloses a connection part connecting the first layer part and the second layer part, Kish doesn’t necessarily disclose the connection part connecting the first layer part and the second layer part on a lateral side of the first sheet (claim 1), nor the adhesive member includes an exposed part exposed to a lateral side of a side edge of the second sheet along a width direction of the second sheet (claim 3), nor a protruding part protruding farther from the attached surface than the second layer part is provided to the exposed part along a thickness direction of the adhesive member (claim 4), nor the second sheet includes an extension part extending to a lateral side of the first sheet to cover the connection part (claim 5), nor a method of bending a part of the adhesive member sheet protruding to a lateral side of the first sheet (claim 10).
Kondo teaches a wiring member (Figs 1-7) for usage with an automobile (Paragraph 5), that doesn’t need to prepare additional mounting means but can be mounted on a vehicle without taking additional time and effect (Paragraph 5), while preventing the protective film of the wiring member from becoming loose because the film is strongly fixed (Paragraph 40). Specifically, with respect to claims 1 & 10, Kondo teaches a method of manufacturing a wiring member equipped adherend (Fig 1) comprising an adherend (17) including an attached surface (top surface, Fig 1), wherein a first insulation (11) of the lower cable (13) is overlapped with the attached surface (top surface), a second insulation (11) of the upper cable (12) is overlapped with the first insulation (11) of the lower cable (13), a wire-like transmission member (10) is located within the lower cable (13) and the upper cable (12), respectively and an adhesive member (15) bonds the first insulation (11) of the lower cable (13) and upper cable (12), and the adherend (17), wherein the adhesive member (17) includes a connection part (located at top 15) connecting the first insulation (11) of the lower cable (13) to the second insulation (11) of the upper cable (12) on a lateral side of the first insulation (11) of the lower cable (13, Fig 1), wherein the method comprises bending a part of the adhesive member sheet (15) and protruding to a lateral side of the first insulation of the lower cable (13). With respect to claims 3-5, Kondo teaches that the adhesive member (15) includes an exposed part (located at bottom 15) exposed to a lateral side of a side edge of the insulation (11) of the upper cables (12) along a width direction, wherein a protruding part (located at bottom 15, as shown in Fig 6) protrudes farther from the attached surface (17) to provided an exposed part along a thickness direction of the adhesive member (15, Fig 6) and a second sheet (16) includes an extension part extending to a lateral side of the first insulation (11) of the lower cable (13) to cover the connection part (located at top 15).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the wiring member of Kisu to comprise the adhesive layer being applied to the lateral sides configuration as taught by Kondo because Kondo teaches that such a configuration provides a wiring member (Figs 1-7) that doesn’t need to prepare additional mounting means but can be mounted on a vehicle without taking additional time and effect (Paragraph 5), while preventing the protective film of the wiring member from becoming loose because the film is strongly fixed (Paragraph 40) and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70
Modified Kisu also doesn’t necessarily disclose adhesive member not overlapping the wire like transmission members with respect to a plan view of the wiring member (claims 1 & 10).
Gundel teaches a wiring member (Figs 1-24D) having various edge insulation structures, that protect the interior components from corrosion by preventing moisture from penetrating the cable (Col 4, lines 37-39). Specifically, with respect to claims 1 & 10, Gundel teaches an wiring member (300, Fig 3B) comprising a first sheet (top sheet) and a second sheet (bottom sheet), wherein an adhesive member (310) may be placed on the edge of the first and second sheet (top and bottom sheets) without overlapping the wire like transmission members (not shown).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the wiring member of modified Kisu to comprise adhesive member configuration as taught by Gundel because Gundel teaches that such a configuration provides a wiring member (Figs 1-24D) having various edge insulation structures, that protect the interior components from corrosion by preventing moisture from penetrating the cable (Col 4, lines 37-39) and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kisu (Pat Num 2020/0091689) in view of Kondo (Pub Num 2004/0026378) and Gundel (Pat Num 9,852,828), as applied to claim 1 above (herein referred to as modified Kisu), further in view of Sumida et al (WO Pat Num 2020/241220, herein referred to as Sumida). Modified Kisu discloses a wiring member (Figs 1-4) for usage with an automobile (Paragraph 2), that improves workability when assembling the wiring member (Paragraph 24) thereby simplifying and shortening assembling of the wiring member (Paragraph 37).
While modified Kisu discloses a wiring member equipped adherend (Fig 1E) comprising an adherend (20) including an attached surface (top surface, Fig 2A), a first sheet (lower 12) overlapped with the attached surface (top surface) and a second sheet (upper 12) overlapped with the first sheet (lower 12), modified Kisu doesn’t necessarily disclose the first sheet includes a first non-woven cloth having contact with the first layer part, wherein the adhesive member includes a first penetrating layer part continuously formed with the first layer part and penetrating the first non-woven cloth (claim 7), nor the the second sheet includes a second non-woven cloth having contact with the second layer part, and the adhesive member includes a second penetrating layer part continuously formed with the second layer part and penetrating the second non-woven cloth (claim 8).
Sumida teaches a wiring member (Figs 1-4), for usage with an automobile (Paragraph 19), comprising a first sheet and a second sheet, wherein the first sheet holds the transmission members along a predetermined path, while the second sheet protects the transmission members from the outside (Paragraph 12), thereby improves workability when assembling the wiring member (Paragraph 23). Specifically, with respect to claim 1, Sumida discloses a wiring member equipped adherend (20, Figs 1-2) comprising an adherend (12) including an attached surface (top surface, Fig 2), a first sheet (25) overlapped with the attached surface (top surface), a second sheet (26) overlapped with the first sheet (25), a wire-like transmission member (22) located between the first sheet (25) and the second sheet (26), and an adhesive member (i.e. adhesive of molten material, not shown, Paragraph 23) bonding the first sheet (25), the second sheet (26), and the adherend (12), wherein the first sheet (25) may be a first non-woven cloth having fines spaces (Paragraph 24) having contact with the first layer part (area between 12 and 25), wherein the adhesive member (molten material from ultrasonic welding, Paragraph 23) includes a first penetrating layer part (i.e. fine spaces) continuously formed with the first layer part (area between 12 & 25) and penetrating the first non-woven cloth (25) and a second sheet (26) may be a second non-woven cloth having fines spaces (Paragraph 24) having contact with the second layer part (area between 25 and 26), wherein the adhesive member (molten material from ultrasonic welding, Paragraph 23) includes a second penetrating layer part (i.e. fine spaces) continuously formed with the second layer part (area between 25 & 26) and penetrating the second non-woven cloth (26).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the wiring member of Kisu to comprise the first and second sheets being made of non-woven cloths comprising first and second penetrating layer parts configuration as taught by Sumida because Sumida teaches that such a configuration provides a wiring member (Figs 1-4) comprising first sheet and a second sheet, wherein the first sheet holds the transmission members along a predetermined path, while the second sheet protects the transmission members from the outside (Paragraph 12), thereby improves workability when assembling the wiring member (Paragraph 23).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent art in the present case, all of which disclose various wiring members for usage with automobiles.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571)272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
May 20, 2026
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